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Last revised 9 November 2017
The Storage Platform is licensed to you, not sold. Except for the limited license granted in this Agreement, Wasabi and its licensors retain all right, title and interest in the Storage Platform and all proprietary rights in the Storage Platform, including copyrights, patents, trademarks and trade secret rights.
Grant of Limited License. Subject to the terms and conditions of this Agreement, Wasabi hereby grants to Subscriber a revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use the Storage Platform.
Limitations on License. The license granted to you in this Agreement is restricted as follows:
Account Registration. During the registration process, you will be asked to create an account, which includes a unique sign-in name, password, and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (collectively, “Registration Information”). When creating your account, you must provide true, accurate, current, and complete information and maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Wasabi has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Wasabi may suspend or terminate your account. Each sign-in name and corresponding password can be used by only one subscriber. You understand and agree that you are solely responsible for maintaining the privacy and security of your Registration Information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your sign-in name or password are compromised or you are aware of any unauthorized activity being conducted with your Registration Information, you agree to immediately notify Wasabi. Wasabi will not be liable for any loss or damage caused by any unauthorized use of your account.
Payment Terms. Subscriber will pay Wasabi the fees set forth on the website or in the applicable Order Form (if used) with respect to the Storage Services provided hereunder during the term of this Agreement (the “Fees”). If requested, Wasabi will invoice Subscriber for any pre-approved expenses every 30 days in arrears. All amounts stated in an Order Form or on any invoice are in U.S. dollars, and all payments will be made in U.S. dollars. Subscriber will pay all undisputed invoices within thirty (30) days of receipt of an invoice. Subscriber agrees to pay a late fee on amounts not paid during that thirty (30) day period at one and one-half percent (1.5%) per month or the maximum interest rate allowed by applicable law, if less. Subscriber is solely responsible for payment of all taxes, including sales, use, value-added or other taxes or levies in connection with the use of the Storage Platform, except taxes imposed upon Wasabi’s net income or personnel.
Support and Maintenance
Term and Termination
Representations and Warranties
Limitation of LiabilityNEITHER WASABI NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF OR INABILITY TO USE THE STORAGE PLATFORM, STORAGE SERVICES, OR SUPPORT SERVICES. THE TOTAL LIABILITY OF WASABI AND ITS VENDORS AND LICENSORS TO SUBSCRIBER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE STORAGE PLATFORM, STORAGE SERVICES, AND SUPPORT SERVICES, IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY SUBSCRIBER DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) regarding Wasabi’s products and services, including the Storage Platform and Storage Services. Feedback is voluntary. Wasabi may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of the Storage Platform and the provision of products and services to our customers.
Export and Import Restrictions; Trade Compliance. In connection with this Agreement, both Wasabi and Subscriber will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Storage Platform, including your transfer and processing of your Subscriber Data and the provision of your Subscriber Data to third parties. You represent and warrant that you and your financial institutions, or any party that owns or controls you or your financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.